Is the Hady of Tamattu obligatory if a pilgrim combines Hajj with Umrah without resolving the Ihram of Umrah first?
Chapter on the Description of Hajj
Al-Mughni
Book of Hajj
Primary text
The fourth condition states that the pilgrim must resolve the Ihram of the Umrah before entering Ihram for the Hajj. If the pilgrim introduces the Hajj into the Umrah Ihram before resolving the Umrah, such as the Prophet (peace be upon him) and his companions who had Hady did, this person becomes a Qarin (one performing Qiran), and the Hady specific to Tamattu is not obligatory upon him. This is evidenced by the narration of Aisha regarding the Farewell Pilgrimage, where she was commanded to intend Hajj directly from her state of menstruation, leaving the Umrah incomplete, which was later resolved afterward. The person is obligated to offer the Hady for Qiran because they gained the benefit of combining the two rites and avoiding one of the two journeys.
Supporting text
The statement by 'Urwah that there was no Hady in that affair likely meant no Hady specific to Tamattu, as it is established that the Prophet (peace be upon him) sacrificed a cow for his wives collectively.